Penal Policy on Digital Defamation: A Comparative Study of Indonesian and Malaysian Law
Penal Policy on Digital Defamation: A Comparative Study of Indonesian and Malaysian Law Hartanto , Syakdiah, Dwi Astuti, Daniil Alimpeev. https://scholar.google.co.id/citations?user=CA_A13wAAAAJ&hl=en The expansion of criminal defamation in digital space, particularly under Indonesia’s ITE Law, has raised concerns over disproportionate restrictions on freedom of expression compared to neighboring jurisdictions such as Malaysia. This study aims to examine how Indonesia and Malaysia regulate criminal defamation and to identify key differences in their penal policies. The central issue is whether reliance on criminal law as a primary regulatory instrument leads to disproportionate interference with freedom of expression in both jurisdictions. This research employs a normative juridical method with a comparative law approach, analyzing Article 27A of Law No. 1 of 2024 (ITE Law), the new Indonesian Criminal Code, and Sections 499–502 of the Malaysian Penal Code, complemented by the Defa...